The plaintiff corporation, 1316223 Ontario Inc. (operating as 1,000,000 Comix), brought a motion for the interim recovery of inventory from the defendant, Kostas Giancoulas, or, in the alternative, for its preservation.
The defendant brought a cross-motion for a mandatory order to return inventory to him, asserting personal ownership and seeking to pierce the corporate veil.
The court dismissed the plaintiff's motion for interim recovery due to insufficient description and valuation of the property.
The defendant's cross-motion was also dismissed, as he failed to establish a strong prima facie case for ownership or grounds to pierce the corporate veil.
However, the court granted the plaintiff's alternative request for an interim preservation order, requiring the defendant to preserve all inventory in his possession pending trial, recognizing the significant financial claims against the business.